LuzFarmsvsSecofDAR

FACTS:

Luz Farms is a corporation engaged in the livestock and poultry business allegedly stands to be
adversely affected by the enforcement of some provisions of CARP.

Luz Farms questions the following provisions of R.A. 6657, insofar as they are made to apply to
it:
(a)

Section 3(b) which includes the "raising of livestock (and poultry)" in the definition of "Agricultural,

Agricultural Enterprise or Agricultural Activity.

(b)

Section 11 which defines "commercial farms" as "private agricultural lands devoted to commercial,

livestock, poultry and swine raising . . ."

(c)

Section 13 which calls upon petitioner to execute a production-sharing plan.

(d)

Section 16(d) and 17 which vest on the Department of Agrarian Reform the authority to summarily

determine the just compensation to be paid for lands covered by the Comprehensive Agrarian Reform
Law
(e)

Section 32 which spells out the production-sharing plan mentioned in Section 13

". . . (W)hereby three percent (3%) of the gross sales from the production of such lands are distributed
within sixty (60) days of the end of the fiscal year as compensation to regular and other farmworkers in
such lands over and above the compensation they currently receive xxx
ISSUE: The main issue in this petition is the constitutionality of Sections 3(b), 11, 13 and 32 of R.A. No.
6657 (the Comprehensive Agrarian Reform Law of 1988), insofar as the said law includes the raising of
livestock, poultry and swine in its coverage

HELD:
Said provisions are unconstitutional.

The transcripts of the deliberations of the Constitutional Commission of 1986 on the meaning of
the word "agricultural," clearly show that it was never the intention of the framers of the Constitution to
include livestock and poultry industry in the coverage of the constitutionally-mandated agrarian reform
program of the Government.

Commissioner Tadeo: Ipinaaalam ko kay Commissioner Regalado na hindi namin inilagay ang
agricultural worker sa kadahilanang kasama rito ang piggery, poultry at livestock workers. Ang inilagay
namin dito ay farm worker kaya hindi kasama ang piggery, poultry at livestock workers.

It is evident from the foregoing discussion that Section II of R.A. 6657 which includes "private
agricultural lands devoted to commercial livestock, poultry and swine raising" in the definition of
"commercial farms" is invalid, to the extent that the aforecited agro-industrial activities are made to be
covered by the agrarian reform program of the State. There is simply no reason to include livestock and
poultry lands in the coverage of agrarian reform.